Family Law

A Child Arrangement Order is a court order that legally outlines the living arrangements and care responsibilities for a child. 

It covers crucial aspects such as:

• Child’s Primary Residence: Who will the child live with most of the time?
• Contact Schedule: How much time will the child spend with each parent or other relatives?
• Important Decisions: Which parent has the authority to make major decisions about the child’s education, healthcare, religion, etc.?

You may need a Child Arrangement Order in the following situations:

Divorce or Separation: When parents separate or divorce and cannot agree on a parenting plan for their child, a court order provides a structured arrangement.

Child’s Best Interest: If there are concerns about a child’s safety, well-being, or upbringing, a court order can ensure the child’s needs are prioritised and protected.

Custody Disputes: In cases of disagreements over custody or visitation rights, a Child Arrangement Order clarifies the legal responsibilities and rights of each parent or guardian.

A financial consent order is a legally binding document issued by the court in England and Wales. It confirms the agreed-upon financial settlement reached following a divorce or civil partnership dissolution. This order outlines:

• Asset Distribution: How shared property, savings, investments, and pensions will be divided between the former partners.
• Spousal Maintenance: Details of any ongoing spousal support payments.
• Child Maintenance: Financial arrangements for the support of any children from the relationship.

How to Obtain a Financial Consent Order:

You can apply for a financial consent order through the courts or with the assistance of a family law solicitor or mediator. The order provides legal certainty, protects both parties’ interests, and ensures a clean financial break.

Why is a Financial Consent Order Important?

A court-approved financial consent order is essential in the UK after a divorce or civil partnership dissolution. It prevents future financial disputes or claims that could arise from the former relationship.

CAFCASS (Children and Family Court Advisory and Support Service) is an independent public body in England that champions the welfare of children involved in family court proceedings. Their key roles include:

• Safeguarding Children’s Welfare: Prioritising the best interests of the child in all decisions and actions.
• Advising the Family Court: Providing the court with impartial recommendations on what actions would be most beneficial for the child.
• Representing Children: Ensuring the child’s voice is heard and concerns are considered during court proceedings.
• Supporting Families: Offering information, advice, and support to children and their families navigating the family court system.

CAFCASS works under the principles of UK family law, always putting the child’s well-being first. They collaborate with social services and other agencies to ensure the safety and protection of children throughout the process.

Divorce constitutes a legal procedure that terminates a marriage, whereas judicial separation is a legal process permitting a married couple to reside separately.

Key Differences:

• Divorce is the legal process of ending a marriage. It permanently dissolves the marital union.
• Judicial separation is a formal, court-sanctioned separation. You remain legally married, but are not required to live together. This allows couples to sort out finances, property, and arrangements for children.

In conclusion, divorce ends your marriage; judicial separation does not. After a judicial separation, you are still legally married but are officially recognised as living apart.

In UK family court proceedings involving children, often under the Children Act 1989, a “finding of fact” is a formal court decision establishing what happened in disputed situations. These findings may cover a child’s upbringing, parental or caregiver conduct, or allegations of abuse or neglect. The court relies on findings of fact to determine the best outcome for the child’s welfare, potentially leading to decisions regarding child arrangements orders (custody), protection orders, and other interventions.

A Nikah represents a conventional Islamic marriage ceremony where a man and a woman are united in wedlock. This sacred event holds immense significance within the Muslim community, embodying a core element of Islamic faith.

The ceremony is conducted by an authorised Islamic cleric who leads the proceedings, reciting necessary prayers and blessings. The couple must each declare their consent to the union in front of at least two witnesses, following which the cleric confirms their marital status.

Central to the Nikah is the exchange of vows, typically brief and simple, underscoring the couple’s devotion to each other and their faith. Often, the exchange of rings accompanies the vows, symbolising their matrimonial bond.

Furthermore, the Nikah encompasses the signing of a marital contract, known as the “Nikah nama”, which delineates the duties and rights of both partners.

For Muslims, the Nikah is not only a profoundly spiritual affair but also a means to fortify familial ties and enhance community solidarity. It is regarded as pivotal for fostering marital stability and happiness, contributing to the community’s prosperity.

In essence, the Nikah stands as a fundamental and venerated element of Islamic tradition, embodying love, commitment, and faith. It continues to inspire and bring joy to numerous families across the globe.

A Faskh in Islamic law refers to the annulment or dissolution of a marriage. It is a legal process executed under the guidance of a qualified Islamic judge. Unlike talaq, which is a form of divorce initiated by the husband, Faskh is typically initiated by the wife if she has valid grounds for seeking the annulment.

The reasons for seeking a Faskh can vary but generally include:

• Non-fulfilment of marital obligations such as maintenance or support.
• Abuse or harm from the husband.
• The husband’s impotence or serious illness.
• The husband’s absence or disappearance.
• Apostasy of the husband from Islam.

Faskh is granted by a judicial decree from an Islamic court, ensuring that the rights of all parties are considered. The process and considerations for a Faskh can differ significantly between the various schools of Islamic jurisprudence